Citations: [1996] UKEAT 1202 – 95 – 1211 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question … Continue reading Israr v The Blue Cross: EAT 12 Nov 1996
Mrs Bennet was employed by the respondent. She had made complaints of race and sex discrimination. She was then dismissed, and claimed this was victimisation. Part way through the hearing, her representative failed in an application for an adjournment, and said that if he had been white, his application would have been granted. The tribunal … Continue reading Bennett v London Borough of Southwark: CA 21 Feb 2002
The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act complained of occurred in time, was there a difference in race involving … Continue reading Qureshi v Victoria University of Manchester: EAT 21 Jun 1996
The applicant claimed that the respondent Council had discriminated against her. After complicated applications, leave to appeal was granted on limited grounds, but on appeal the applicant had been allowed to extend that appeal. Held: An appeal tribunal might use its case management powers to allow limited departure from the permitted grounds of appeal, only … Continue reading General Council of the Bar v Miriki: CA 21 Dec 2001
The claimant in the employment tribunal was a litigant in person. Upon consideration of her claim form under rule 12 Employment Tribunals Rules of Procedure 2013, a judge determined that there were two complaints, being of (a) ordinary unfair dismissal, in respect of which the claimant lacked qualifying service, and which was dismissed; and (b) … Continue reading Clarke v The Restaurant Group (UK) Ltd (Practice and Procedure): EAT 20 Jul 2021
EAT Practice and Procedure : Amendment – Case management 1. These proceedings involve approximately 1,600 individual claims for unfair dismissal arising out of mass redundancies when the Respondent, ‘Remploy’, closed some 60 plants in 2012 and 2013. 2. The Employment Tribunal had carefully and effectively managed the case on the basis of proceeding with a … Continue reading Remploy Ltd v Abbott and Others (Practice and Procedure : Amendment): EAT 24 Apr 2015
EAT PRACTICE AND PROCEDURE Restricted order reporting Disposal of appeal including remission The Employment Tribunal erred in refusing to extend Restricted Reporting Orders in respect of a Respondent to Employment Tribunal proceedings and a non-party. They failed to carry out the assessment of comparative importance of the Article 8 and Article 10 rights engaged in … Continue reading EF v AB and Others (Practice and Procedure : Restricted Reporting Order): EAT 25 Mar 2015
[1996] UKEAT 65 – 95 – 2005 Bailii England and Wales Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. … Continue reading Scott v W F Refrigeration Ltd: EAT 20 May 1996
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke 1. Section 21 of the Employment Tribunals Act 1996 gives jurisdiction to the Employment Appeal Tribunal to entertain appeals from a ‘decision’ of the Employment Tribunal. 2. A useful working definition of the term ‘decision’ which is not defined in the Act, is that to be found in Rule … Continue reading Wolfe v North Middlesex University Hospital Nhs Trust (Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke): EAT 9 Apr 2015
The claimant had been summarily dismissed. His application at first made no mention of a complaint that it had related to his trades union activities. He wrote to the secretary seeking amendment of his claim to include a claim that his dismissal was automatically unfair by reason of those activities. By this time the three … Continue reading Selkent Bus Co Ltd v Moore: EAT 2 May 1996
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached … Continue reading X v Y (Employment: Sex Offender): CA 28 May 2004
Practice and Procedure: Preliminary Issues. The claimant appealed against the dismissal of her claim on the basis that she had not first taken the matter to conciliation through ACAS. He claim was of sexual harrassment and she had an interdict to prevent the employer contacting her. The rule excluding such claims appeared strict, but the … Continue reading Cranwell v Cullen (Practice and Procedure: Preliminary Issues): EAT 20 Mar 2015
‘Manifestly Inapproproiate’ is a general Test The Appellant was employed as Senior Project Leader – Technology. The Respondent raised issues about his performance. On 26 January 2016 an informal performance management process commenced and objectives were set, with targets to be measured in June 2016, October 2016 and January 2017. Before those deadlines arrived, his … Continue reading Fallahi v TWI Ltd (Unfair Dismissal): EAT 17 Aug 2021
The claimant having failed in his claim for unfair dismissal, wanted to claim against the tribunal and appeal tribunal alleging a conspiracy against him. The hearing had been heard in private to which he had objected. He wanted to go straight to the . .
The Employment Tribunal did not err in its approach to the question of causation in a protected interest disclosure detriment claim and it correctly applied the burden of proof.
However the contents of a witness statement made in separate . .
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The appellant claimed unfair dismissal. The respondent claimed that at the time of the alleged dismissal, her contract had expired by operation of law, it having been frustrated by her long term sickness. Whether it had been frustrated was a question of fact for the tribunal, not the EAT. EAT Unfair Dismissal – Reason for … Continue reading Hogan v Cambridgeshire County Council: EAT 25 Jul 2001
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
The applicant was employed by the respondent and sought leave to work for the CAB for a year, requesting a sabbatical. Leave was refused. He applied to the employment tribunal, but objected that the chairman had, in a previous case, indicated his strong dislike of the applicant. The chairman refused to recuse himself. Held: The … Continue reading Lodwick v London Borough of Southwark: EAT 7 Mar 2003
EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PART TIME WORKERS Jurisdiction – Employment Appeal Tribunal – Appeals by persons not party to the proceedings before the Employment Tribunal Part time workers – discrimination The appeal concerned claims by fee-paid immigration Judges that they were treated less favourably than salaried Judges as fee-paid Judges were paid … Continue reading Martineau and Others v Ministry of Justice: EAT 17 Jun 2015
A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative claims for unfair dismissal. Held: In hearing appeals from the EAT the first question the court … Continue reading British Newspaper Printing Corporation v Kelly: CA 1989
The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to offices to work. The court was called upon to give guidance … Continue reading Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004
EAT PRACTICE AND PROCEDURE – Estoppel or abuse of process/AmendmentThe appeal was dismissed on issue estoppel. Issue estoppel applied not to the declarations made by the first Employment Tribunal, as apparently decided in the Pre Hearing Review judgment, but to the breach of contract issues that had been decided at that first hearing as stated … Continue reading Parker v Northumbrian Water: EAT 30 Mar 2011
EAT PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke An Employment Tribunal decision must comply in both form and substance with 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 SI No. 1861 and failure to do so will amount to an error of law; Balfour Beatty Power Networks Ltd v Wilcox [2006] EWCA … Continue reading Greenwood v NWF Retail Ltd: EAT 18 Feb 2011
EAT PRACTICE AND PROCEDURE – Preliminary issues Employer entitled to counterclaim under Article 4 Employment Tribunals (Extension of Jurisdiction) England and Wales Order 1994 when a bankrupt Claimant makes a claim for damages under s3(2) Employment Act 1996 whether or not claim is a nullity because Claimant has not obtained permission of the official receiver … Continue reading Simpson v Wm A Merrick (Formerly T/A W A Merrick and Co Solicitors): EAT 7 May 2010
EAT PRACTICE AND PROCEDURE: Restricted reporting order Restricted Reporting Order relating to allegations of sexual misconduct – Whether Tribunal entitled to vary order in order to permit naming of Claimants against the objection of the alleged perpetrators. Held: (a) that there were sufficient grounds to justify reconsideration by the Tribunal, notwithstanding a previous order prohibiting … Continue reading Tradition Securities and Futures Sa and Another v Times Newspapers Ltd and others: EAT 10 Nov 2008
EAT DISABILITY DISCRIMINATION Disability / Disability related discrimination / Reasonable adjustments JURISDICTIONAL POINTS >2002 Act and pre-action requirements The date of disability is a fact found by an Employment Tribunal on the basis of medical and other evidence. When a consultant gave a range of dates for the onset of a condition, the Employment Tribunal … Continue reading Cumbria Probation Board v Collingwood: EAT 28 May 2008
The appeal involved a reformulation of arguments run and rejected by the Employment Appeal Tribunal in HMRC v Serra Garau [2017] ICR 1121. Since Garau was not decided per incuriam and is not manifestly wrong, it should be followed: only one mandatory EC process is enacted by the EC provisions in section 18A Employment Tribunals … Continue reading Romero v Nottingham City Council: EAT 26 Apr 2018
The claimant alleged unfair dismissal. The respondent failed to enter a response within the period required, and was refused an extension of time. It appealed that refusal, saying the tribunal had failed to allow for the factors enumerated in the Kwik Save case. The respondent claimed those guidelines had been superceded by the newer rules. … Continue reading The Polygon Corporation v Tregunna: EAT 14 Nov 2001
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003
The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal. Held: The EAT’s decision was set aside. In increasing the award, the EAT had misconstrued the representations made by the appellant’s solicitors, but should itself … Continue reading Dignity Funerals Limited v Bruce: OHCS 14 Oct 2004
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination from her unreasonable treatment. Held: The ability and readiness of a tribunal to infer discriminatory motives from … Continue reading Law Society v Bahl: CA 30 Jul 2004
Judges: Cox J Citations: [2004] UKEAT 0121 – 04 – 0408 Links: Bailii Jurisdiction: England and Wales Citing: See also – Hyde v Lehman Brothers Limited EAT 22-Mar-2004 EAT Unlawful Deduction from Wages EAT Unlawful Deduction from Wages – (no sub-topic). . . Cited by: Cited – Science Warehouse Ltd v Mills EAT 9-Oct-2015 EAT … Continue reading Hyde v Lehman Brothers Ltd: EAT 4 Aug 2004
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997
The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised. She now sought to pursue them, and the respondent asserted that she was estopped from doing so, and that the matter was res judicata. The chairman, having received a letter withdrawing the case, had entered the decision without hearing from … Continue reading Rothschild Asset Management Limited v Ako: CA 1 Mar 2002
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
EAT Unfair Dismissal : Dismissal : Ambiguous Resignation – PRACTICE AND PROCEDURE – Application/claim – Amendment – Appellate jurisdiction/reasons/Burns-Barke – Unfair dismissal – dismissal – fixed-term employee – Practice and procedure – claim – application to amend – whether raised below – appellate jurisdiction – The Claimant, not legally trained and acting in person (assisted … Continue reading Ministry of Defence v Dixon: EAT 4 Oct 2017
PRACTICE AND PROCEDURE – Application/claim PRACTICE AND PROCEDURE – Preliminary issues PRACTICE AND PROCEDURE – Time for appealing The Employment Judge had erred in law when considering whether an error as to the correct name of the Respondent in an early conciliation certificate was a ‘minor error’ and whether it was not in the interests … Continue reading Chard v Trowbridge Office Cleaning Services Ltd: EAT 4 Jul 2017
EAT Practice and Procedure : Application/Claim – Preliminary issues The early conciliation certificate provisions introduced from 6 April 2014 do not allow for more than one certificate of early conciliation per ‘matter’ to be issued by ACAS. If more than one such certificate is issued, a second or subsequent certificate is outside the statutory scheme … Continue reading HM Revenue and Customs v Garau: EAT 24 Mar 2017
EAT Unfair Dismissal Disability discrimination The Tribunal had found a dismissal to be unfair because of flaws in a grievance procedure, following which the Claimant had resigned. They also found that the Claimant, who suffered an obsessive compulsive disorder, was subjected to taunts that she would not have had inflicted on her if she had … Continue reading Abbey National Plc v Fairbrother: EAT 12 Jan 2007
EAT Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – UNFAIR DISMISSAL – Constructive dismissal Reasons The simplification of the wording of the Rule relating to the content of the Reasons (i.e. the change from Rule 30(6) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 to Rule 62(5) of the Employment Tribunals (Constitution and Rules … Continue reading Vairea v Reed Business Information Ltd: EAT 3 Jun 2016
EAT Sex Discrimination – DirectThe complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination against her. The complainant appealed findings that she had lied to the tribunal on oath, and that the discrimination had been only indirect. Held: … Continue reading The Law Society v Kamlesh Bahl: EAT 7 Jul 2003
The claimant began proceedings against his employer, the Immigration Service after his security clearance was withdrawn. He complained that the respondent had been allowed by the Tribunal to present evidence he was not himself allowed to see and challenge. The EAT had approved this use of a closed material procedure. Held: The appeal succeeded. Every … Continue reading Home Office v Tariq: CA 4 May 2010
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
EAT Practice and Procedure: Restriction of Proceedings Order EAT PRACTICE AND PROCEDURE – Restriction of proceedings order/vexatious litigant Order restricting proceedings where habitual and persistent claims that are vexatious have been made by the Respondent without reasonable grounds. Simler J [2014] UKEAT 0162 – 14 – 1410 Bailii Employment Tribunals Act 1996 33 England and … Continue reading HM Attorney General v Groves: EAT 14 Oct 2014
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal / Review Review of strike-out decision. Employment Tribunal misunderstanding of agreed fact on material to exercise of discretion. EAT allowed appeal and exercised s35(1) Employment Tribunals Act 1996 powers. Application of CPR 3.9(1) factors, so far as material. Strike-out set aside. Remitted to Employment Tribunal for substantive determination. peter … Continue reading Sunley v HMP Durham: EAT 12 Mar 2009
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He applied for a review. Held: The court was asked whether, and in what … Continue reading Flint v Eastern Electricity Board: EAT 1975
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
EAT RACE DISCRIMINATION The appeal had proceeded on two grounds: (1) That the Employment Tribunal had failed to deal expressly in its judgment with one identified issue relating to a complaint of race discrimination: that was so but it was also clear that the Claimant had not produced any evidence to support her complaint; the … Continue reading Graham v University College London Hospitals NHS Foundation Trust and Others: EAT 23 Jul 2013
The claimant stock broking firm sought to recover its uninsured losses after having paid out for what was said to have been negligent advice by the respondent, a self-employed broker working for them. Held: The power to recover such losses were part of the contract with the broker, and the provision did not offend against … Continue reading Charles Stanley and Co Ltd v Adams: QBD 19 Jul 2013
At the outset of a Preliminary Hearing, the ELAAS representative raised concerns as to the Appellant’s litigation capacity. Adjourning the hearing on terms enabling the investigation of that issue, the EAT held that section 30(3) of the Employment Tribunals Act 1996 (‘the ETA’) provides the EAT with the power to regulate its own procedure, subject … Continue reading Stott v Leadec Ltd (Human Rights : Litigation Capacity): EAT 20 Feb 2020
RACE DISCRMINATION VICTIMISATION DISCRIMINATION – Other forms of victimisation PRACTICE AND PROCEDURE – Disposal of appeal including remission The Employment Tribunal erred in failing to decide two of the complaints before them. However, on the unchallenged findings of fact there could have only been one outcome, that the complaints would have been dismissed. This is … Continue reading Bryan v College of North West London (Race Discrmination): EAT 25 Jul 2018
EAT PRACTICE AND PROCEDURE: Restricted reporting orderAfter 12 unsuccessful applications, numerous review applications, all dismissed, and at least 31 appeals, all dismissed or stayed, and substantial and persistent vexatious correspondence, an indefinite Restriction of Proceedings Order made. Burton J [2009] UKEAT 0118 – 09 – 0906 Bailii Employment Tribunals Act 1996 33 England and Wales … Continue reading Attorney General v McCluskey: EAT 9 Jun 2009
Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001
The employers had dismissed the employee for misconduct. The Tribunal found that the employers had a genuine belief in the misconduct alleged and there had been a reasonable investigation. The real issue was whether it was reasonable to dismiss for the misconduct alleged. The Tribunal found that no reasonable employer would have dismissed the employee … Continue reading Fuller v London Borough of Brent: CA 15 Mar 2011
The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005
EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.’In cases where a Claimant has … Continue reading Fecitt and Others v NHS Manchester: EAT 23 Nov 2010
The applicant had appealed the dismissal of his case for unfair dismissal. His notice of appeal did not request extended reasons from the tribunal, nor challenged the adequacy of the tribunal’s reasoning. At the EAT he sought to argue that the reasons were inadequate, but he was not allowed to argue the point. The notice … Continue reading Tran v Greenwich Vietnam Community Project: CA 25 Apr 2002
EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – The Claimant complied with the early conciliation requirements of the Employment Tribunals Act 1996 section 18A. The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 apply. The Claimant had given ACAS the wrong name for his employer but the current address. When … Continue reading TIC International Ltd v Ali: EAT 22 Mar 2016
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim. Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence of racial discrimination, and a case will usually depend on what inferences can properly be … Continue reading King v Great Britain China Centre: CA 1991
On being told he was to be dismissed, Mr Jones had taken early retirement. He made a claim in the County Court that his pension had been wrongly reduced, The court rejected his allegation that he had acted under duress. His subsequent claim of unfair dismissal in the Employment ribunal was also rejected, but his … Continue reading Jones v Mid-Glamorgan County Council: CA 13 May 1997
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
The claimant had a statement of special educational needs, which she sought to have altered to specify a different school. She appealed from a refusal to amend the statement, saying that the Tribunal had not given sufficient weight to educational experts without stating why. Held: The appeal was dismissed. The court contrasted the approaches taken … Continue reading H v East Sussex County Council and Others: CA 31 Mar 2009
amwell_dogherty The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, saying also that it had been disclosed too late. Held: The evidence contained in the recordings was relevant … Continue reading Amwell View School v Dogherty: EAT 15 Sep 2006
The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory provisions said that her freedom to go to court could not be ousted, and that … Continue reading Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011
Regulations debarred a claim after a certain time even where the delay had been because of a deliberate concealment of information by an employer. Held: Availability of other means of redress was not sufficient to displace this rule. Advocate General Leger said: ‘an action brought under the Equal Pay Act and an action brought under … Continue reading Levez v T H Jennings (Harlow Pools) Ltd: ECJ 1 Dec 1998
The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the distinction between single acts of discrimination, and continuing discrimination: ‘the tribunal erred in law in failing to treat the acts complained of on regrading and failure to … Continue reading Owusu v London Fire and Civil Defence Authority: EAT 1 Mar 1995
Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997
The employer was to make 530 members of its staff redundant. Each staff member was assessed and scored. The claimants said that the method of selection was unfair, and sought disclosure of the scores of all employees. Held: It was wrong to order discovery of the forms of employees who had not been selected for … Continue reading British Aerospace plc v Green and Others: CA 18 Apr 1995
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
The appellant had been dismissed after using the company email to forward an inappropriate email in breach of the company’s policies. Later he was disciplined for making an appointment in breach of the company’s procedures. He again misused the company’s email system and was dismissed, but several others were also. The company had offered a … Continue reading Way v Spectrum Property Care Ltd: CA 22 Apr 2015
nambalatEAT2011 EAT National Minimum Wage Act 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage … Continue reading Nambalat v Taher and Another: EAT 8 Dec 2011
EAT Unlawful Deduction From Wages – The principles enunciated in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 1979 and re-stated in Lordsvale Finance PLC v Bank of Zambia [1996] QB 752, Alfred McAlpine Capital Projects v Tilebox Ltd [2005] EWHC 281 TCC, [2005] BLR 271 and Murray v … Continue reading Cleeve Link Ltd v Bryla: EAT 8 Oct 2013
Non-derogating control orders – HR Compliant MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square mile area, and had … Continue reading Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007
Burchell case remains good law The appellant head teacher had been dismissed for failing to disclose the fact that her partner had been convicted of a sex offence. She now appealed from rejection of her claim for unfair dismissal. Held: The appeal was dismissed. The tribunal was entitled to conclude that it was a reasonable … Continue reading Reilly v Sandwell Metropolitan Borough Council: SC 14 Mar 2018
Satisfaction of Early Conciliation requirements EAT Practice and Procedure: Preliminary Issues – This appeal raises a question of procedure in relation to the early conciliation provisions introduced by the Enterprise and Regulatory Reform Act 2013, namely whether an early conciliation certificate obtained by a ‘prospective claimant’ can cover future events. The Employment Judge held that … Continue reading Compass Group UK and Ireland Ltd v Morgan: EAT 26 Jul 2016
The Industrial Tribunal has no jurisdiction to consider and rule upon other acts of racial discrimination not included in the complaints in the Originating Application. Racial discrimination may be established as a matter of direct primary fact. ‘More often racial discrimination will have to be established, if at all, as a matter of inference. It … Continue reading Chapman and Another v Simon: CA 1994
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of reasonable responses’ of a reasonable employer to the situation. Earlier conflicting decisions were … Continue reading Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden: CA 31 Jul 2000
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011
EAT jurisdiction EAT Practice and Procedure : Application/Claim – The Appellant appealed against the Decision of the Employment Tribunal (‘the ET’) not to reject the Claimant’s claim form under Rule 12(1)(b) of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (‘the Rules’) and against a later Decision of the ET … Continue reading William Jones’s Schools Foundation v Parry: EAT 2 Aug 2016
Employment Tribunals to Provide Sufficient Reasons Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987
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The claimant had made separate complaints of unfair dismissal, and under the 1986 Act. He now appealed an order combining the two cases. The respondent alleged that there were common issues of law and fact.
Held: The decision was one for the . .
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .
EAT Procedural Issues – Employment Tribunal
The former employee sought to enforce in the Employment Tribunal an agreement with their former employers as to the terms on which their employment ended. The . .
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for . .
The Hospital Medical Group argued that Dr Westwood was in business on his own account as a doctor, in which he had three customers, the NHS for his services as a general practitioner, the Albany Clinic for whom he did transgender work, and the . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
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